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adduction of evidence at the trial, and a motion to convict the accused according to thelaw.(2) The motion to indict may contain a proposal for the accused to be placed indetention. If the accused is already in detention or was in detention while investigatoryactions were being conducted, the motion to indict shall specify the time spent indetention.(3) Where the public prosecutor finds a trial unnecessary, he may propose in the motionto indict that the court issue a ruling punishing the accused without scheduling a trial(Article 449).Article 439(1) Where the court receives a motion to indict or private prosecution, the judge shall firstassess whether the court has jurisdiction, whether certain investigatory action need to beconducted or those already conducted supplemented, and whether the necessaryconditions exist to dismiss the motion to indict or private prosecution.(2) If the judge does not issue any of the rulings referred to in paragraph 1 of this Article,he shall serve the charges to the accused and schedule a trial immediately. If no trial isscheduled within one month of the reception of a motion to indict or private prosecution,the judge is required to notify of the reasons thereof the president of the court, who shallundertake measures to ensure that the trial is held as soon as possible.(3) Where the judge finds that certain investigatory actions need to be conducted, heshall ask the investigating judge to conduct them.Article 440(1) If the judge finds that another court has jurisdiction to try the case, he shall rulehimself unqualified, and when the ruling becomes final refer the case to that court, and ifhe finds that a higher court has jurisdiction to try the case, he shall refer the case to thepublic prosecutor acting before that higher court. If the public prosecutor considers thatthe court which referred the case to him has jurisdiction, he shall request a decision fromthe chamber of the higher court.(2) After it has scheduled a trial, a court may not declare itself territorially unqualified exofficio.Article 441(1) The judge shall deny a motion to indict or private prosecution if he finds that thereexist the reasons referred to in Article 274 paragraph 1 items 1) and 2) of this Code fordiscontinuing proceedings, and if investigatory actions have been conducted, thereasons referred to in item 3) of the Article.(2) The ruling with a brief substantiation shall be delivered to the public prosecutor, thesubsidiary prosecutor, or the private prosecutor, as well as the suspect.
Article 442(1) The judge shall summon to the trial the accused and his defence counsel, theprosecutor, the aggrieved and their legal representatives and proxies, witnesses, expertwitnesses and an interpreter, and if needed shall obtain the objects which should serveas evidence at the trial.(2) The accused shall be notified in the summons that he may come to the trial with theevidence for his defence, or that he may specify the evidence in a timely manner to thecourt so that the evidence may be obtained for the trial. The accused shall be cautionedin the summons that the trial shall also be held in absentia if the legal requirements exist(Article 445 paragraph 3). To the summons shall be attached the motion to indict orprivate prosecution, and the accused shall be instructed on the right to a defencecounsel, as well as that in cases where a defence is not mandatory the trial does notneed to be adjourned if a defence counsel does not appear or if the accused retains oneat the trial itself.(3) The period between the service of the summons to the accused and the scheduleddate of the trial must be sufficient for preparing a defence, in any case not less thaneight days. If the accused consents to it, the period may be shortened.Article 443The trial shall be held in the seat of the court. In urgent cases, particularly if there is aneed for a crime scene inspection or if it is in the best interest of easier conduct of theevidentiary procedure, with the approval of the president of the court the trail may beheld in the place where the criminal offence was committed or the place where theinspection is to be held, if those are within the territorial jurisdiction of the court.Article 444(1) Parties may submit territorial jurisdiction objections no later than the commencementof the trial.(2) The judge who conducted investigatory actions shall not be disqualified fromparticipating in the trial.Article 445(1) The trial shall be held if a duly summoned public prosecutor fails to appear. In suchcase, aggrieved parties are entitled to represent the prosecution within the limits of themotion to indict.(2) The trial may be held if a subsidiary prosecutor, or a private prosecutor, fails toappear, if he has submitted to the court a motion for the trial to be held in his absence.(3) If the accused does not appear at the trial, although duly summoned, or if thesummons could not be served due to his failure to notify the court of a change oftemporary or permanent residence, the court may decide to hold the trial in his absence
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THE CRIMINAL PROCEDURE CODE(Officia
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(2) Any person deprived of liberty
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Any form of violence and extortion
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Article 24(1) First-instance courts
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If it cannot be determined under th
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(1) If a court to which a case has
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(1) The president of the court rule
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The territorial jurisdiction of the
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temporary residence on justifiable
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(2) In the case of a failure of agg
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(3) Accused persons tried in absent
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(1) Searches of the abode and other
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or bring in an accused person, in o
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(3) Where the interests of the proc
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defence counsel is not present alth
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3) persons who would by their state
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(2) Witnesses shall always be asked
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(1) Where there exist circumstances
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Article 109đThe court is required
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(3) As a rule, persons questioned a
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Where expert opinions contain contr
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the basis of a substantiated propos
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(6) Photographs, audio recording, o
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(2) The order to have the accused p
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themselves make a promise before th
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as the evidence due to which it was
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(3) An appeal against the ruling re
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(6) The dispatch of a request, comp
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Article 158(1) Unless prescribed ot
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eing served for a response, shall b
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the proceedings who agrees to deliv
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(1) A record shall be kept of every
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investigating judge shall ex offici
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(4) Accused persons in detention ma
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(2) The costs of criminal proceedin
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criminally prosecutable ex officio,
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(5) Where a court finds it does not
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Article 206(1) Indemnification clai
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(1) Where the application of crimin
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5) Convicted persons, accused perso
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(3) Collection of information from
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(5) If during the interrogation the
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(1) The public prosecutor may reque
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(3) Suspects are required to fulfil
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B. PRELIMINARY PROCEEDINGSChapter X
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(2) The investigating judge may als
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(1) During the investigation partie
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2) if the statutory limit for prose
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(3) When the investigating judge fi
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6) a statement of reasons indicatin
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(1) If the chamber does not deny th
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Article 280(1) Decisions of the cha
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(4) In the agreement on the admissi
Page 107 and 108: (3) Rulings on appeals referred to
Page 109 and 110: (4) Aggrieved parties summoned as w
Page 111 and 112: aggrieved also allow the attendance
Page 113 and 114: (5) Other decisions in connection w
Page 115 and 116: (2) Where a subsidiary prosecutor o
Page 117 and 118: (6) The president of the chamber is
Page 119 and 120: public. The ordering part of the ju
Page 121 and 122: (1) General provisions on interroga
Page 123 and 124: (2) The president of the chamber sh
Page 125 and 126: (1) Records of crime scene inspecti
Page 127 and 128: indictment are not allowed. If the
Page 129 and 130: 1) that the court has no material j
Page 131 and 132: 7) a decision on the costs of the c
Page 133 and 134: (3) The president of the chamber sh
Page 135 and 136: mistakes in writing and calculation
Page 137 and 138: of time. If the appellant fails to
Page 139 and 140: 2) whether there exist circumstance
Page 141 and 142: to notify one or more parties about
Page 143 and 144: 2) whether the Criminal Code was vi
Page 145 and 146: (2) If the court of second instance
Page 147 and 148: (1) The parties and persons whose r
Page 149 and 150: 4) where after a judgement becomes
Page 151 and 152: facts would have led to the applica
Page 153 and 154: had been convicted, the court shall
Page 155 and 156: The Court shall issue a judgement d
Page 157: (2) If the investigating judge does
Page 161 and 162: (10) If the public prosecutor was n
Page 163 and 164: (2) The accused may file an objecti
Page 165 and 166: part of the ruling on a judicial ad
Page 167 and 168: terrorism (Article 391 of the Crimi
Page 169 and 170: (3) The measures referred to in par
Page 171 and 172: (1) The measure referred to in Arti
Page 173 and 174: measure, a description of the techn
Page 175 and 176: Article 504n(1) The undercover oper
Page 177 and 178: (2) The public prosecutor, the pers
Page 179 and 180: the perpetrator to a health-care in
Page 181 and 182: he is still so dangerous for his su
Page 183 and 184: Where confiscation of proceeds from
Page 185 and 186: (1) Where under the law rehabilitat
Page 187 and 188: PROCEDURE FOR INDEMNIFICATION,REHAB
Page 189 and 190: 2) persons who had served a sentenc
Page 191 and 192: (5) The years of social insurance r
Page 193 and 194: prosecution, and after the effectiv
Page 195 and 196: This law shall enter into force on
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